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" That part of the bill which respects the land occupied by the Indians, and prays the aid of the court to protect their possession, may be more doubtful. The mere question of right might. perhaps, be decided by this court in a proper case with proper parties.... "
The Editorial Review - Page 427
1912
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The Forum, Volume 51

Lorettus Sutton Metcalf, Walter Hines Page, Joseph Mayer Rice, Frederic Taber Cooper, Arthur Hooley, George Henry Payne, Henry Goddard Leach, D. G. Redmond - History - 1914 - 988 pages
...contract cognizable in a court of justice." And Chief Justice Marshall, in the same case, says : " The bill requires us to control the legislature of...of the exercise of political power to be within the province of the judicial department. But the opinion on the question of parties makes it unnecessary...
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Report of Proceedings of the ... Annual Session of the ..., Volume 25, Part 1908

Georgia Bar Association - Bar associations - 1908 - 308 pages
...this Court in a proper case made with proper parties. But the Court is asked to do more than to decide the title. The bill requires us to control the Legislature of Georgia, and restrain the exertion of its physical force. The propriety of such an interposition may well be questioned."...
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American Constitutional Law, Volume 1

John Innes Clark Hare - Constitutional law - 1889 - 748 pages
...exercise of its political power. The propriety of such an interposition might well be doubted ; it savored too much of the exercise of political power to be within the province of the judicial department." Here, therefore, was a case in which the court was inadequate...
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The Supreme Court of the United States: Its History, Volume 1

Hampton Lawrence Carson - Judges - 1892 - 472 pages
...from the several States composing the Union. In addition, the interposition of the Court would savor too much of the exercise of political power to be within the proper province of the judiciary. In these views Justices Johnson and Baldwin concurred, each in separate opinions, in which...
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Cases on Constitutional Law: With Notes, Part 1

James Bradley Thayer - Constitutional law - 1894 - 470 pages
...mere question of right might, perhaps, be decided by this court in a proper case with proper parties. But the court is asked to do more than decide on the...the exercise of political power, to be within the province of the judicial department." Several opinions were delivered in the case ; a very elaborate...
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Cases on Constitutional Law: With Notes, Volume 1

James Bradley Thayer - Constitutional law - 1895 - 1214 pages
...right might, perhaps, be decided by this court in a proper case with proper parties. But the court ie gress shall name three persons out of each of the United States, province of the judicial department." Several opinions were delivered in the case; a very elaborate...
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The Constitution of the United States at the End of the First Century

George Sewall Boutwell - Constitutional history - 1895 - 458 pages
...properly before the Court. Again the Court say that the issuance of a writ of injunction would savor " too much of the exercise of political power to be within the proper province of the Judiciary Department." Finally, as a reason for not passing definitively upon the points that had been...
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Cases on American Constitutional Law

Lawrence Boyd Evans - Constitutional law - 1898 - 702 pages
...mere question of right might, perhaps, be decided by this court in a proper case with proper parties. But the court is asked to do more than decide on the...too much of the exercise of political power to be witbin the proper province of the judicial department. But the opinion on the point respecting parties,...
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The History of the Supreme Court of the United States: With ..., Volume 1

Hampton Lawrence Carson - Judges - 1902 - 414 pages
...from the several States composing the Union. In addition, the interposition of the Court would savor too much of the exercise of political power to be within the proper province of the judiciary. In these views Justices Johnson and Baldwin concurred, each in separate opinions, in which...
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John Marshall: Complete Constitutional Decisions

John Marshall - Constitutional law - 1903 - 828 pages
...mere question of right might, perhaps, be decided by this court in a proper case with proper parties. But the court is asked to do more than decide on the...within the proper province of the judicial department. But the opinion on the point respecting parties makes it unnecessary to decide this question. If it...
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